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Canadian  Institute  for  Historical  Wicroraproductions  /  Institut  Canadian  da  microraproductions  historiquas 


Technical  and  Bibliographic  Notat  /  Notas  tachniquas  at  bibliographiquat 


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bibliographiqua,  qui  pauvant  modifier  una  image 
reproduite.  ou  qui  peuvent  exiger  une  modification 
dans  la  mithoda  normale  de  f  ilmaga  sont  indiquis 
ci-dessous. 


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mals,  lorsque  cela  etalt  possible,  ces  pages  n'ont 
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Quallte  inegale  de  I'lmpression 

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Pagination  continue 

Includes  Index(es)/ 
Comprend  un  (des)  index 

Title  on  header  taken  from:  / 
Le  tItre  de  I'en-tCte  provient; 


|— ITI 
I 1  Pa 


tie  page  of  Issue/ 
Page  de  tItre  de  la  llvralson 


□  Caption  of  Issue/ 
TItre  de  depart  de  la  llvralson 


n 


Masthead/ 

Generlque  (perlodlques)  de  la  llvralson 


[-71  Additional  comments:/  PagiJiation  is  as  foUcfws:  p.  35-65. 

LlJ  Commentalras  supplementalres:    CoPY  ^^  nHnuscript  annotations. 


This  Item  Is  filmed  at  the  reduction  ratio  checked  below/ 

Ce  document  est  filme  au  taux  de  rMuctlon  Indlque  ci-dessous. 


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Th«  copy  filmad  h«r«  ha«  b««n  raproducad  thanks 
to  tha  ganarosity  of: 


ArchiVM  of  Ontario 
Toronto 


L'axamplaira  filmi  fut  raproduii  jrica  k  la 
g4n4rositi  da: 

ArchiVM  pubiiquM  (to  I'Ontario 
Toronto 


Tha  imagat  appaaring  hara  ara  tha  bast  quality 
possibia  eonsidaring  tha  condition  and  lagibility 
of  tha  original  copy  and  in  kaaping  with  tha 
filming  contract  apacif ieationa. 


Laa  imagat  tuivantaa  ont  4t*  raproduitas  avac  la 
plus  grand  soin.  compta  tanu  da  la  condition  at 
da  la  nattat*  da  l'axamplaira  filmi,  at  an 
conformM  avac  laa  conditions  du  contrat  da 
filmaga. 


Original  copias  in  printod  papar  covars  ara  fllmad 
baginning  with  tha  front  covar  and  anding  on 
tha  last  paga  with  ■  printad  or  iliuatratad  impraa- 
sion,  or  tha  back  covar  whan  appropriata.  All 
othar  original  copiaa  ara  filmad  baginning  on  tha 
first  pagt  with  a  printad  or  lllustratad  impraa- 
aion,  and  anding  on  tha  laat  paga  with  a  printad 
or  iliuatratad  impraaaion. 


Las  axamplairas  originaux  dont  la  couvartura  sn 
papiar  ast  imprimis  sont  filmis  sn  commsncsnt 
par  la  pramiar  plat  at  an  tarminant  soit  par  Is 
dsrniirs  psgs  qui  comports  uns  smprsints 
d'Imprsssion  ou  d'illustrstion.  soit  psr  la  sscond 
plat,  salon  la  cas.  Tous  las  sutrss  sxsmplsirss 
originaux  sont  filmis  sn  commsnpsnt  psr  Is 
prsmiira  paga  qui  comporta  una  amprainta 
d'impraasion  ou  d'illustrstion  st  sn  tsrminsnt  psr 
la  darniira  paga  qui  comporta  una  talla 
amprainta. 


Tha  last  rscordsd  frsms  on  ssch  microficha 
shsll  contain  tha  symbol  — ^  (moaning  "CON- 
TINUED"),  or  tha  symbol  ▼  (moaning  "END"), 
whiehavar  appliaa. 


Un  das  symbolas  suivants  spparaitrs  sur  Is 
darniira  imaga  da  chaqua  microficha.  salon  la 
cas:  la  symbols  — »>  signifis  "A  SUIVRE ',  Is 
symbols  V  signifis  "FIN  ". 


Maps,  platas,  chsrts.  stc,  may  ba  filmad  at 
diffarant  raduction  rntios.  Thosa  too  larga  to  ba 
antiraly  includad  in  ona  axposurs  sra  filmad 
baginning  in  tha  uppar  laft  hand  cornar,  laft  to 
right  and  top  to  bottom,  as  many  framas  as 
raquirad.  Tha  following  diagrams  illustrsta  tha 
mathod: 


Las  cartas,  planchas,  tablaaux.  ate,  pauvant  itra 
filmis  A  dss  taux  da  reduction  diffirsnts. 
Lorsqus  Is  documsnt  sst  trop  grsnd  pour  itrs 
rsproduit  sn  un  ssul  clichi,  il  sst  filmS  S  partir 
ds  I'sngls  supirisur  gsuchs,  ds  gsuchs  i  droits. 
St  ds  hsut  on  bas.  an  pianant  la  nombrs 
o'imsgss  nOcssssirs.  L««  diagrammas  suivsnts 
illustrant  la  mithoda. 


1 

2 

3 

1 

2 

3 

4 

5 

6 

%. 


^4m^  ^(%4wiU 


THE  CHICAGds^Sl^^Y 
ADVOCATES 


»•'<.  ■ 


1915 


'5   j^-- 


BOOK   OF 


THE  CHICAGO  SOCIETY 


OF 


ADVOCATES 


CHICAGO 
19IS 


COPYBIOHT 
BY 
TUE   CaiCAOO    SOCIETT 

or 

Advocates. 

1916. 


With  tlie  Compliments  of 

WlLMAM  UeMWICK   UlDDEI.I.. 


/f/i? 


^'. 


<^l 


II 


i 


"T^^  LEGAL  PBOPESSION  EN  ONTARIO 

AND 
THE  LAW  SOCIETY  OP  UPPER  CANADA." 

Bt 

ThB  HONOUIUBIJt  WaUAM  R».NW1CK  RlDDMX,  LL.  D.,  F.  R. 

HiBT.  Soc.,  Etc.,  Jr    tea  of  the  S^  ^beme  Court  op  Ont».bio. 


(Memo.    At    the    request    of    ' 
Advocates,"  Mr.  Justice  lii(1<]  11 


e    ChicaRo    Society    of 

^^^ addressed  them  on  "The 

Legal  Profession  in  Ontario"  at  their  inaugural  meeting, 
November  9,  If  ;  ».  The  fc  U<;iag  contains  the  substance  of 
his  address  wit:  .»me  additions,  and  has  been  prepared  by 
Mr.  Justice  Riddell  at  the  instance  of  the  president  of  the 

Society.) 

So  long  as  Canada  remained  a  French  possession  there  was 
no  distinction  in  the  legal  profession.  The  same  person 
might  and  often  did  exercise  the  function  of  Advocate  or 
Barrister,  Notaire  (notary)  and  even  Arpenteur  (land 
surveyor). 

No  change  was  made  in  that  respect  by  the  victors  on  the 
Conquest  in  1759-60,  or  by  the  Royal  Proclamation  of  October 
7, 1763,  which  introduced  .nto  Canada  the  English  Law,  Civil 
and  Criminal.  This  Proclamation  also  established  a 
"Province  of  Quebec"  which  included  in  its  area  not  only 
what  is  now  the  Province  of  Quebec,  but  also  what  was  after- 
wards the  Province  of  Upper  Canada  and  is  row  the  Province 
of  Ontario.  When  the  Quebec  Act  was  passed  (1774),  14 
George  III,  c.  83*,  it  was  not  considered  advisable  to  modify 
the  existing  practice. 

>ln  Ontario,  u  tn  EngUaC  It  U  the  cnstom  to  eJte  Statutes,  not  as  o'  the  year 
Wotfrt  D"5S"bnt  as  of  the  year  of  the  reign  of  the  regnant  "o""'*  "S'^?.'''!^  J^rS 
paiwed.  A  T«ry  convenient  practice  •■  •  however  sprung  up  of  preflxlng  the  jear  ol 
oar  Lord. 

35 


38 


But,  April  30,  1785,  an  Ordinance  was  made  by  the 
Lientenant  (Jovernor,  Henry  Hamilton*,  being  Ordinance  of 
25  George  HI,  c.  4;  this  by  Article  1  enacted  that  thenceforth 
no  one  should  be  conmiissioned,  appointed  or  permitted  to 
practice  as  a  barrister,  advocate,  solicitor,  attorney  or  proctor 
at  law  who  had  not  served  during  the  space  of  five  years  under 
a  contract  in  writing  with  some  advocate  or  attorney  duly 
admitted  and  practicing  in  the  Courts  in  the  Province  or  else- 
where in  His  Majesty's  Dominions  or  for  six  years  with  some 
clerk  or  register  of  a  Court  of  Common  Pleas  or  Court  of 
Appeals  in  the  Province,  with  a  proviso  in  favour  of  those 
called  to  the  Bar  or  admitted  to  practice  as  an  advocate  or 
attorney  elsewhere  in  the  Empire.  The  candidate  must  also 
have  been  examined  by  some  of  the  first  and  most  able 
barristers  advocates  or  attorneys  in  the  presence  of  the  Chief 
Justice  of  the  Province  or  two  or  more  Judges  of  the  Courts 
of  Common  Pleas,  and  be  certified  by  the  Chief  Justice  or  the 
Judges  as  of  fit  capacity  and  character  to  be  admitted  to 
practice  law. 

Article  2  makes  a  similar  provision  for  a  notary  to  serve 
five  years  with  a  notary,  and  to  be  examined  by  some  of  the 
eldest  notaries  in  the  presence  of  the  Chief  Justice  of  the 
Province  or  two  or  more  judges  of  the  Court  of  Common 
Pleas  of  the  District  wherein  he  served  his  clerkship,  and  to 
be  approved  by  him  or  them. 

Article  6  provides  that  thenceforth  barristers,  advocates, 
solicitors,  attorneys  or  proctors  at  law,  and  also  land  sur- 
veyors, should  not  practice  as  notaries ;  that  no  notary  is  to 
act  as  land  surveyor  or  barrister,  etc.;  "that  these  several 
occupations  of  practising  the  law  in  His  Majesty's  Courts 
in  this  Province  •  •  •  and  of  notary  and  of  land  sur- 
veyor shall  be  held  and  exercised  separately  and  by  different 

•Bunllton  nnt  appear*  In  tbe  Hlitorr  of  thU  Continent  aa  Oorernpr  of  Detroit 
In  1111.  The  followlns  rear  be  captured  vlneeoBe*  wboie  commander  Helm  waa  tekea 
prlaoner  with  a  amial  force  of  defendera.  The  well-known  George  Bofera  Clark 
ahortlT  afterward*  beateged  tbe  fort;  and  Hamilton  waa  In  hi*  torn  forced  to  mir- 
render.  He  waa  treated  by  Clark  with  much  barbarity,  and  on  JeSeraon'*  order  waa 
aent  handcuffed  to  WUIIamabniK  where  hi*  treatment  waa  atlU  wor*e.  Probably  aa 
an  effect  of  a  letter  from  OoTemor  Haldlmand  to  Waahington,  Hamilton  waa  puolad; 
and  h*  got  to  England  In  1781.  He  waa  made  Lientenant  OoTcmor  of  Quebec  la 
1784,  fllllng  that  poaltlon  a  little  leaa  than  a  year.  He  wa*  a  man  of  no  great  capacity 
and  but  little  Judgment,  although  perfectly  honeat  and  aincerely  dealrou*  of  doing  hla 
duty.  It  la  probable  tiat  the  ordGanee  et  April  80,  178S,  waa  dn*  to  tbe  iaflueno* 
of  the  Britlab  newcomera  in  th*  ProTlaec. 


/^ 


37 


persons  to  the  end  and  purpose  that  the  functions  and  duties 
of  the  one  may  not  interfere  with  the  other."  All  practi- 
tioners were  given  twelve  months  to  elect  which  branch  of  the 
profession  they  would  follow". 

A  strong  protest  was  made  against  this  ordinance  by  some 
of  the  French-Canadian  practitioners,  but  in  vain.  The  dis- 
tinction between  the  practitioner  in  the  Courts  and  the  notary 
still  obtains  in  the  present  Province  of  Quebec. 

In  1788  four  Courts  of  Common  Pleas  were  established  in 
the  territory  afterwards  the  Province  of  Upper  Canada,  but 
then  part  of  the  Province  of  Quebec,  one  for  each  district; 
they  were,  of  course,  under  the  same  law  and  practice. 

In  1791  was  passed  the  Act  31  George  III,  c.  31,  commonly 
called  the  Canada  Act  or  Constitutional  Act,  which  divided 
the  vast  territory  of  the  Province  of  Quebec  into  two  prov- 
inces, the  western  being  called  Upper  Canada  and  the  eastern 
Lower  Canada,  each  with  its  own  Parliament  and  Lieutenant 
Governor. 

The  first  Act  of  the  first  Parliament  of  Upper  Canada 
(1792)  32  George  3,  c.  1  (U.  C.)  was  to  introduce  the  English 
Civil  Law ;  but  no  change  was  then  made  in  the  constitution 
of  the  profession.  There  were  not  many  in  the  Province  skilled 
in  the  English  Law ;  and,  accordingly  in  178^  was  passed  an 
Act,  34  George  III,  c.  4  (U.  C.)  which  authorized  the  Governor 
to  grant  a  license  to  any  number  not  exceeding  sixteen  British 
subjects  to  practice  as  attomies  and  advocates.  This  may 
have  been,  and  probably  was,  due  to  the  institution  of  the 
Court  of  King's  Bench  for  the  Province  by  the  same  Statute. 
The  Act  suspended  for  two  years  the  operation  within  Upper 
Canada  of  the  Ordinance  of  1785.*  During  all  this  time  and 
until  the  coming  into  force  of  the  Act  next  to  be  mentioned,  all 
practitioners  were  called  "to  the  degree  of  an  Advocate  and  to 
that  of  an  Attorney. ' '   The  original  roll  of  the  Court  of  King 's 


•Tbe  Ordinance  1*  printed  In  full  In  both  English  and  French  In  the  Tolume  ot 
"Ordinances  •  •  •  the  Province  of  Quebec,"  1TT7  (In  the  Judges'  Library  at 
Oagoode  Hall)   pp.  87-68. 

<Those  who  so  received  a  license  wrre  In  effect  glyen  a  monopoly  of  the  practice  as 
they  only  could  charge  for  their  services ;  and  the  list  Included  most  It  not  all  ot  the 
lawyers  and  some  otEers. 


38 


Bench,  still  extant,  sets  out  the  oath  to  be  taken  by  the 
applicant  and  the  "degree"  conferred. 

The  Act  of  1797,  37  George  III,  c.  13,  (U.C.),wasthe  begin- 
ning of  our  present  system.  That  Act,  passed  on  the  3rd  of 
July,  1797,  provided  that  it  should  be  lawful  for  the  persons 
now  adndtted  to  practice  law,  and  pruftising  at  the  Bar  in  the 
Province,  to  form  themselves  into  a  society  to  be  called  the 
Law  Society  of  Upper  Canada,  "as  well  as  for  the  establish- 
ment of  order  amongst  themselves,  as  for  the  purpose  of 
securing  to  the  Province  and  the  profession  a  learned  and 
honorable  body",  to  assist  their  fellow  subjects  as  occasion 
may  require,  and  to  support  and  maintain  the  Constitution  of 
the  said  Province."  The  Society  was  authorized  to  frame 
Rules  and  Eegulations  (under  inspection  of  the  Judges  of 
the  Province  as  Visitors  of  the  Society)  for  its  own  govern- 
ment; to  appoint  the  six  senior  members  or  more,  for  the 
time  being,  and  from  time  to  time  as  Governors  or  Benchers 
(of  whom  the  Attorney  General  and  Solicitor  General  for  the 
time  being  were  to  be  two),  and  also  to  ippoint  a  Librarian 
and  a  Treasurer. 

They  were  to  meet  in  Newark  (Niagara-on-the-Lake)  on 
July  17, 1797,  to  frame  such  Rules  and  Regulations. 

Each  person  practicing  at  the  Bar  was  allowed  to  take  one 
clerk  for  the  purpose  of  instructing  him  in  the  knowledge  of 
the  laws. 

Except  those  who  were  practitioners  at  the  time  of  the 
passing  of  the  Act,  no  one  should  be  permitted  to  prac- 
tice at  the  Bar,  unless  he  had  been  entered  of  and  admitted  into 
the  Society  as  a  Student  of  the  Laws,  and  had  remained  on  the 
Books  of  the  Society  for  five  years,  conformed  to  all  its  Rules 
and  Regulations  and  been  duly  called  and  admitted  as  a 
Barrister  according  to  the  Constitutions  and  establishment  of 
the  Society.  Proviso  in  favor  of  those  who  had  practised  at 
the  Bar  elsewhere  in  His  Majesty's  dominions,  and  the  time 
actually  served  under  articles  before  the  passing  ol  the  Act 
should  count  as  part  of  the  five  years,  pro  tanto. 

•In  view  of  the  adoption  by  all  Oovermental  departments  and  mo»t  Uterair  Can- 
adians of  the  "English"  spelling  of  such  words  as  "honour",  etc..  It  Is  not  without 
fnterest  to  note  thit  In  the  printed  coplea  of  the  Statute  this  word  li  ipelled  without 
the  "u." 


89 


One  might  become  and  act  "merely  as  an  Attorney  or 
SoUcitor"  after  due  service  for  five  years  under  articles  to  an 
attorney  and  "standing  in  the  books  of  the  Society"  for  three 

^^TMs  Statute  for  the  first  time  in  our  Province  established 
the  distinction  between  Barrister  and  Attorney,  and  since  it 
came  into  effect  no  one  (with  an  exception  shortly  to  be  noted), 
who  had  not  been  called  to  the  Bar  by  and  received  the  degree 
of  Barrister-at-Law  from  the  Law  Society  of  Upper  Canada, 
has  ever  been  heard  by  the  Courts  of  the  Province.  The 
Courts  have  no  power  to  permit  any  other  to  be  heard.  There 
is  no  international  or  interprovincial  comity  or  courtesy  per- 
mitting such  a  course. 

Here  at  the  beginning  of  the  Society  is  found  a  marked  dif- 
ference between  it  and  the  Inns  of  Court  in  London.  They 
have  no  concern  with  attorneys  (or  soUcitors),  every  attorney 
or  solicitor  must  in  Upper  Canada  have  been  on  the  books 
of  the  Society  for  three  years,  (we  shall  have  occasion  later  to 
notice  the  important  change  made  in  1822  by  the  Statute  2 
Geo.4,c.5U.C).  ,        .   ^  „    • 

Before  discussing  the  functions  of  the  Society,  I  shaU  give 
a  brief  record  of  its  history  to  the  present  time. 

Ten  practitioners  met  at  Wilson's  Hotel,  Newark,  on  July 
17,  1797,  and  organized  the  Law  Society  of  Upper  Canada; 
and  upon  that  day  conferred  the  degree  of  Barrister  at  Law 
upon  aU  the  practitioners  who  appUed  therefor  (including 
themselves).  One  other  (William  Weekes)  applied  two  years 
after  (in  1799),  and  received  the  degree;  the  remaining  four 
never  applied  for  and  never  received  it.  These  four  con- 
stitute the  sole  exception  to  the  rule  that  no  one  could  since 
1797  address  our  Courts  except  those  caUed  by  the  Society. 

The  Statute  did  not  make  the  Society  a  corporation;  but 
it  was  a  mere  association  of  gentlemen  with  well-defined 
functions.  The  absence  of  incorporation  became  a  drawback, 
and  in  1822  the  Act  2  George  IV,  c.  5  (U.  C.)  declared  "the 
Treasurer  and  Benchers  of  the  Law  Society  for  the  time  heint? 
and  their  successors  *  *  *  to  be  one  body  corporate  and 
politic." 


40 

This  led  to  some  diflScnlty,  which,  however,  was  got  over  by 
the  Besolution  of  the  BencJiers  in  Convocation  in  June,  1831, 
Trinity  Term,  1  and  2  Wm.  IV,  that  all  Barristers  and 
Stndents-at-L&w  entered  in  the  Books  of  the  Society  were 
still  members  of  the  Law  Society  of  Upper  Canada,  thoagh 
not  members  of  the  Corporation  of  the  Law  Society  of  Upper 
Canada;  rnd  this  state  of  affairs  still  continues;  the  Treas- 
urer and  Benchers  alone  are  the  Corporation,  but  all  students 
and  barristers  duly  entered  are  members  of  the  Society. 

The  Government  of  the  Society  was  by  the  original  Act 
to  be  by  Benchers  or  Governors  appointed  by  the  Society, 
the  six  senior  members  or  more  for  the  time  being,  of  whom 
the  Attorney  General  and  Solicitor  General  were  to  be  two. 
At  its  first  meeting  the  members  present  appointed  the  Attor- 
ney General  and  Solicitor  General  and  the  four  senior 
barristers  as  Benchers.  At  a  subsequent  meeting  November 
9,  1799,  all  the  existing  barristers  were  appointed  Benchers. 
Thereafter  for  a  time  the  practice  was  followed  of  tho  exist- 
ing Benchers  t'ppointing  a  member  of  the  Society  from  time 
to  time  as  a  Bencher,  bis  appointment  being  conmiunicated 
to  him  by  the  Treasurer.  No  Statute,  Eule  or  Besolution  can 
be  found  bathorizing  this  method  of  election,  but  no  com- 
plaint seems  ever  to  have  been  made  of  the  Benchers  taking 
this  power  out  of  the  hands  oi  the  Society,  who  alone  could 
appoint  under  the  Act  of  1797.  Of  course  each  new  Attorney 
General  and  Solicitor  General  was,  according  to  the  Statute, 
appointed  forthwith  after  receiving  his  Patent. 

This  self-perpetuating  system  was  put  an  end  to  in  1871 
by  the  Ontario  Act  34  Vic.  c.  15,  which  instituted  a  bench  of 
thirty  Benchers  to  be  elected  by  ballot  by  all  the  Barristers 
on  the  Roll,  and  also  of  ex  officio  Benchers,  the  Attorney 
General  of  the  Province  and  all  ex-Attorneys  General  and 
ex-Solicitors  General  (there  is  now  no  Solicitor  General  of 
the  Province),  and  all  retired  Judges  of  the  Superior  Courts 
The  elected  members  hold  oflSce  for  five  years,  when  there  is 
a  new  election. 

A  natural  effect  oi  cuis  was  that  the  older  and  better  known 
Barristers  were  elected  term  after  term,  and  there  was  little 


~-^:v'-K--^«"rry*^  ■-jfejnmggg 


41 

chance  of  a  youug  man  obtain  ,'  the  V^ ^^^'^ ^^^^"''f^';-  ] 
avoid  this,  it  ..as  in  1910  enaci.J  by  10  Edw.  VII.  c.  76  (On  , 
that  all  those  who  had  been  elected  at  four  qu»nq«e™ml  elec- 
tions should  be  ex-officio  Benchers,  thus  leavmg  th.  field  opet^ 
for  the  younger  met".  (It  had  a  few  years  before  by  (190C),  6.? 
Vic.  c.  20,  8. 1,  been  provided  that  every  one  who  had  for  seven 
consecUive  years  held  the  office  of  Treasurer  of  the  Society 
sho'Tld  be  an  ex-officio  Bencher.) 

The  original  Act  had  authorized  the  Society  to  appoint  a 
Treasurer.    This  position  did  not  mean  even  then  simply  one 
who  cared  for  the  funds  of  the  Society,  but  one  who  was  the 
Head  of  the  Society,  Presilert  and  Chairman     This  was  an 
adoption  of  the  terminology  of  the  English  Inns  of  Court . 
lie  Society  at  the  first  meeting  resolvad  that  "the  Benchers 
according  to  seniority  take  upon  themselves  the  TreJ-ourer- 
ship  of  the  said  Society  annually."    We  find  no  close  adher- 
ence  to  this  rule.    The  Attorney  General  was  the  first  Treas- 
urrA  and  for  one  year  only;  then  the  Solicitor  General  for 
tLree:  a  prominent  member  of  the  bar  for  four;  then  the  new 
Attornev  General  for  one  year;  the  new  Solicitor  Gem^ral 
for  five  years ;  another  prominent  member  of  the  bar  tor       r 
years;  the  next  Attorney  General  for  four,  and  his  succ    ^r 
for  one.     Then  July  8,  1819,  was  passed  a  rule  that  the 
Treasurer  should  be  chosen  annually  in  Michaelmas  Torm  by 
the  majority  of  the  votes  of  the  members  then  present    July 
2, 1831,  the  date  was  ahanged  to  Hilary  Term,  and  September 
1, 1859,  back  to  Michaehnas. 
The  Statute  of  1871,  which  made  Benchers  elective,  fixed 

.8ce  for  example  Herbert's  AntlquItleB  <>'  t^'  I","  °L^^"ce*  "*  ."""h1' uS% 

i-„p^£  i-«i  x^eYf /v'««"  -  °--- "'  '*•  ~°'="-  ^' 

«4mlt8  gentlemen  into  t??.  °o<='**I'  * ,;,  j-hn  vr,  ^e  was  an  EnglUh  Barrister,  prob- 

witnesses  and  an  lo?!*?. 'iK«vPd  by  the  Qoveriment  schooner  Speedy  to  the  assise 
pSlMula),  and  7"J%5!JS^Jf/)' Vr' trtal  T"""  sprang  up.  and  the  vessel  wa. 
B\'?t^'SS'^r.'^^T'^^i^lT-^^^°^^  to  hi.  blacu  servant 

"*  It  is  interesting  ^,"£i!j?»it^the  bat"'""^'*^''''"  "  •-.^"*i'''  •°"""  •"" 
it°.S^lv';.l''?U.lSnr'JSri'S.Vor.ff%£o"have  been  slave.  In  Canada. 


42 


the  date  for  election  of  Tre,  urer;  the  fi'-st  term  after  the 
election  of  the  new  Bench  and  in  Easter  Term  of  each  year. 
This  still  is  the  rule. 

So  much  for  the  Law  Society  itself ;  we  sbuli  now  consider  its 
dealings  with  the  Bar. 

The  first  Rule  of  the  Society  appointed  Benchers ;  the  second 
was  that  every  member  of  the  Society  should  enter  into 
a  bond  with  the  Treasurer  to  pay  the  sum  of  £5  (=$20) 
annually  so  long  as  he  should  continue  a  member  of  the 
Society*.  In  1831  this  y^  as  reduced  to  11-8  (=$2.33)  per  term, 
or  $9.33  per  annum,  payable  on  or  before  the  last  day  of  every 
term  in  each  year;  and  in  1833  to  2-6  (=$0.50)  per  term  or 
$2.00  per  annum,  payable  on  or  before  the  first  day  of 
Michaelmas  term,  i.  e.,  the  third  Monday  in  November.  This 
rule  is  still  in  force  for  Barristers ;  solicitors  now  pay  $15  per 
annum.  The  third  rile  of  1797  was  that  every  student  in  his 
fi  imission  to  the  Society  should  pay  the  sum  of  £10  (=$40) 
and  ihe  further  sum  of  £20  (=$80)  when  called  to  the  Bar, 
and  enter  into  a  bond  to  pay  annually  £5  (=$20).  The  annual 
payment  was  reduced  after  call  as  we  have  seen  in  1831  and 
1833.  Whether  the  fee  of  £5  annually  exacted  by  Rule  2  of 
1797  was  exacted  of  the  student  as  a  member  of  the  Law 
Society  before  his  call,  does  not  very  clearly  appear®. 

The  statutory  title  of  the  student  admitted  on  the  books 
of  the  Society  was  "  Student-of-the-Laws ; "  this  included  both 
those  proceeding  to  the  degree  of  Barrister-at-Law  and  those 
intending  to  become  an  attorney — technically  the  former  were 
Students-at-I^aw,  the  latter  Articled  Clerks  (the  distinction  is 
not  always  observed).  To  become  a  Barrister  there  was  no 
necessity  to  serve  under  articles;  to  become  an  Atto.ney  it 
required  five  years  actual  service  under  articles. 

From  the  very  beginning  in  by  far  the  greater  number  of 
cases,  an  applicant  for  admission  upon  the  Books  of  the 
Society  was  under  articles  at  the  time.  Nearly  every  student 
became  both  Barrister  and  Attorney,  but  from  the  first,  as 

.r«  mlmN^  oAhV  sScTt"'"  ""'  "'  •*'""°*'  *""  ""°"*«*  ""  ""  ^^  '""  «"« 

•January  11.  J808,  a  rule  was  paaaed  rescinding  prevloas  rule*  a<  to  te«i  and  re- 
quiring every  member  lo  pay  £5  (*20)  ;  every  atudent  upon  admlnlon  to  the  ^iS 
of  the  Society  £S,  and  the  same  sum  upon  being  called  to  the  Bar.  ""vsp 


48 

now,   there  were   a  very   few   who  became  Attorneys   or 
Barristers,  but  not  both. 

There  was  at  first  no  entrance  examination;  but  he  mem- 
ber proposing  a  student  (-ereraUy  his  master)  would  certify 
tSat'thTappUcant  was  in  his  opinion  qualified  by  education 
pSflcipIes  and  habits  of  life  to  become  a  member  of  the  Law 

^''lUsOS  'HUary  Term,  58  Geo.  3),  a    ule  was  passed  that  no 
person  shoald  he  admitted  a  member  unless  he  should  declare 
to  the  Society  u,.on  his  honor  that  his  apphcaUon  was  to 
enable  h^o  b;come  a  resident  practitioner,  but  does  no 
seen  to  have  received  the  sanction  of  the  Judges.   No  trace  of 
uch  ^declaration  appears  in  the  early  Summary  of  Prov  - 
sLs  relating  to  admission  of  members,  m  tVe  Form  of  Peti- 
tion prescribed  or  in  the  minutes  of  the  Law  Society.    Up  to 
1803,  the  applicant  was  in  practice  proposed  and  admitted  at 
Ihe    ame  meeting;  'Jiereafter  the  proposer  was  required    o 
give  a  term's  notice  of  his  intention  to  present  the  candidate   . 
Applicants  must  -till  have  their  names  posted  conspicuously 
for  thirty  days  by  the  S-^cretary  of  the  Society,  ana  if  no 
objection  be  taken  they  are  entered  as  of  the  term  in  which 
tiieir  application  was  made.   Curiously  enough  much  the  sme 
practice  was  folic-  .d  in  the  case  of  three  applicants  m  Laster 
Term,  56  Geo.  3,  :a6. 

In  18'>0  Hilary  Term,  60  Geo.  3,  a  rule  was  passed  that  alter 
that  tern  all  applicants  for  admission  should  be  required  m 
presence  of  the  Benchers  to  give  a  written  translation  of  a 
portion  of  Cicero's  Orations  or  perform  such  other  exercise 
as  might  satisfy  the  Society  of  their  acquaintance  with  Latin 
and  English  composition,  "and  that  no  person  who  cannot 

;^F^SrTnder.on  was  the  laBt  to^be  pr^s^tea  u^der  the  „w  ^^^^^^ 

41.  GeS    3,    13  April    1801.  „Jo'"'H,f  »/_^'l?;'^  "43 Teo    3.  mh  Ap?ll  1803.     Mocdonell 
Canada,  the  1"'  ""*"  "l.?^^!'  in"he  camp^lRn  of  1812  and  was  fatally  wo joded  at 


44 


give  these  proofs  of  a  liberal  education  shall  hereafter  be 
admitted  upon  their  books."" 

In  1821,  a  voluntary  association  called  the  Advocate  Society 
was  formed  in  York  (Toronto)  by  students-at-law  for  discus- 
sions, moot  courts,  etc,  but  it  lasted  only  a  very  short  time, 
going  the  way  of  all  such  voluntary  organizations'*. 

In  1825  (July  Ist  of  Trinity  Term,  6  Geo.  4),  the  Law 
Society  took  a  further  step,  and  required  all  canidates  for 
admission  on  its  books  to  exhibit  in  his  examination  "a  gen- 
eral knowledge  of  English,  Grecian  and  Boman  History,  a 
becomirsr  acquaintance  with  one  of  the  ancient  Boman  poets, 
as  Virgil,  Horace  or  Juvenal,  and  the  lik^  acquaintance  with 
some  of  the  celebrated  prose  works  of  the  ancients  such  as 

"It  li  at  leait  Intereatlng  to  note  that  In  examination  of  a  candidate  to  practle* 
medicine  for  long  after  tbU  time,  tbe  practice  aeema  to  bare  been  to  examine  In 
Latin  first — a  sort  of  matriculation  examination — and  to  proceed  with  tbe  orofet- 
sipnal  •ubjects  only  If  tbe  candidate  exhibited  aome  familiarity  wltb  that  lancnage. 
We  find  the  Board  of  Toronto  writing  tbe  alater  Boards  In  Montreal  and  Quebec  In 
April  1847 : 

"The  coarse  this  Board  pursues  In  tbe  examination  of  candidates  Is  as  follows- 
1st.  Some  acquaintance  with  tbe  Latin  language  Is  required.  With  this  Tlew, 
If  the  candidate  cannot  construe  some  paragrapha  of  Gregory's  Conspectus,  a  portion 
of  tbe  Pharmacopoeia  Londlnensls  or  a  Latin  written  prescription  is  substituted: 
In  the  event  of  a  total  failure  In  these,  the  professional  examination  la  not  proe*ede<5 
in.     If  the  Latin  examination  Is  satlsfsctory,  then  follow,"  professional  subjects. 

It  may  seem  anomalous  to  begin  a  professional  examination  wltb  an  enquiry  Into 
the  knowledge  of  Latin  possessed  by  the  candidate ;  but  It  must  he  borne  In  mind 
that  In  those  days  everyone  of  education  had  some  knowledge  of  Latin — and  an  Ig- 
norance of  that  language  indicated  if  It  did  not  absolutely  prove  a  lack  of  general 
culture. 

„  "Examlnatin  for  License  to  Practice  Sixty  Yeart  ago"  by  Hon.  Mr.  Justice  Bid- 
dell,  Canada  La.,cet.  .June  1913. 

After  this  ru!e  of  1820  the  entries  In  tbe  Law  Society's  Books  read,  "the  Society 
being  satisfied  of  his  qualifications  do  admit  him  on  tbe  Books  accordingly" 

The  last  to  be  entered  without  examination  was  John  Muirbead,  and  the  first  to 
be  entered  after  examination  was  Marcus  F.  Whitehead,  Nos.  82  and  86  on  tbe  Common 
Boll,  (not  tbe  Barristers'  Roll). 

"The  books  containing  the  proceedings  of  i..s  Society  are  still  extant  and  are 
safely  kept  at  Osgoode  Hall. 

There  had  been  a  "Junior  Advocates  Society"  which,  April  2,  1822,  resolved  Itself 
Into   the   "Advocate   Society"    composed   of   Members   of   the   Law   Society   only,   each 

Saying  every  Term  Ss,  9d  (tot).  Increased  later  to  Bs.  In  discussing  questions  the 
tules  of  the  House  of  Commons  were  to  be  observed,  all  students  at  Law  might  at- 
tend below  the  Bar  without  Introduction ;  every  member  of  the  Society  might  "ex- 
firess  bis  sentiments  freely.  Tbe  elected  Protbonotary  was  required  every  term  to 
nspect  the  Rule  Book  of  the  King's  Bench  and  enter  ever  new  Rule  In  the  Rule 
Book  of  tbe  Society.     Tbe  Society  bad  a  Great  Seal  and  a  ... 

The  first  meeting  was  in  April  2,  1821  at  which  several 
of  whom  afterwards  became  very  well  known  at  the  Bar. 
corded  waa  June  20,   1826. 

From  tbe  first,  the  Society  was  often  forced  to  adjourn  Its  meetings  for  want  at 
a  quorum.  I  have  not  found  any  meeting  at  which  more  than  nine  members  war* 
preaent. 

It  met  until  February  1822  In  the  ofllce  of  the  Solicitor  General  Henry  John 
Boulton,  son  of  Mr.  Justice  Boulton,  afterwards  Chief  Justice  of  Newfoundland  ■  and 
tfterwarda  the  meetings  were  held  In  the  York  Court  House. 

The  qualification  that  to  become  a  member  tbe  applicant  must  be  a  member  of 
the  Law  Society  was  occaalonally  relaxed  In  favour  of  an  Articled  Clerk  who  bad  not 
yet  been  able  to  pass  tbe  preliminary  examinations  before  the  Benchers  of  the  L«w 
Society.  While  It  has  been  said  more  than  once  that  the  Society  was  composed  of 
Barristers  and  8tudents-at-uiw  I  find  that  only  one  Barrister  waa  admitted. 

It  appears  from  the  Minutes  that  the  Studenta  at  Law  at  Kingston  fonded  ■ 
•Imllar  Society  In  1822,  and  also  that  there  were  members  of  tbe  Society  itself  re- 
siding In  many  parts  of  tbe  Province,  e.  g.  Khigston,  Port  Hope,  Hallowell  (Plcton) 
It  seems  to  have  gone  to  pieces  when  Bobert  Baldwin  waa  called  to  tbe  Bar. 


per  thereof. 

udents  attended,  soma 

Tbe   laat   meeting   re- 


SaUust  or  Cicero  De  Offidis  as  well  as  las  orations 
Md  it  is  also  expected  that  the  student  will  also  show  the 
Scie^  that  he  has  had  some  reasonable  proportion  of 
mathematical  instruction."   This  rule  was  never  approved  by 
X  jX  "^d  never  acted  upon;  it  was  formaUy  placed  m 
S^yance  January  6,  1827.    From  the  written  mmutes  of  the 
iSte  Socie^  already  mentioned  it  appears  that  it  was 
by  no  means  an  uncommon  practice  for  a  student  to  artide 
tonself  before  he  was  able  to  pass  the  ««°'^"**^°" '/^^  ^^'J^' 
^e  to  pass  the  examination  within  two  years  of  entering 
articles  he  did  not  lose  time  as  an  attorney,  as  it  was  neces- 
BM^  to  be  five  yetrs  mider  articles  but  only  three  years  on  he 
JSs  of  the  Society,  to  be  admitted  attorney     Even  the 
necessity  of  being  three  years  on  the  books  was  taken  away. 

as  we  shall  see.  in  1822.  „    .  ^  xv,„  ^«q„«» 

No  supervision  was  had  by  the  Law  Society  over  the  educa 
tion  of  the  student.    If  a  student  at  law,  he  attended  the 
hlws  of  some  barristor;  if  an  articled  clerk  he  served  m 
the  office  of  an  attorney,  his  master.    At  the  !f  ^  <)J  ^ve  yea« 
the  budding  Barrister  produ-Uo  the  Law  Society  a  certifi- 
cate of  the  Barrister  in  who.     ^Jiambers  he  had  studied  that 
he  had  so  studied  for  five  years,  and  was  called  to  the  Bar  by 
the  Society,  receiving  the  degree  of  ?*"^«*f  "'^Vv      ,,  Jh„ 
the  mere  Articled  Clerk  the  Law  Society  had  nothing  further 
to  do  than  admit  him  on  its  books,  thereby  making  him  a 
member  of  the  Society,  and  to  certify  at  the  proper  time  hat 
he  had  been  on  its  books  for  three  years.   The  Arti^^ed  Clerk 
appeared  before  the  Court  of  King's  Bench    produced  au 
affidavit  by  himself  of  service  and  a  cert^cate  from  his 
master,  and  was  admitted  by  the  Court  as  an  Attorney-a  -Law^ 
The  Barrister  continued  to  pay  to  the  funds  of  the  Law 
Society,  the  Attorney  did  not.  ^  ,„  r^  ^     v  i.  w 

Then  came  the  Act  of  1822.  2  Geo.  4,  c.  5  (U  C.)  ^hich  by 
section  3  rendered  it  unnecessary  for  any  Articled  Clerk  to  bo 
entered  on  the  books  of  the  Law  Society;  so  that  even  the 
slight  control  over  Attorneys  which  the  Society  had  by  reason 
of  its  preliminary  examinations  ceased.  Members  of  the  Law 
Society  thereafter  were  Barristers  and  Students-at-Law  only. 


46 

In  1828  (Hilaiy  Term,  8  Geo.  4,  c.  1),  a  mle  was  passed  that 
all  studenta  to  be  thereafter  entered  on  the  books  of  the 
Society  should  keep  four  terms  at  York  (Toronto)  during 
their  five  years  entry".  At  this  time  the  Benchers  were  con- 
sidering a  scheme  for  the  erection  of  a  building  for  their  meet- 
ings. Theretofore  they  had  met  in  various  places,  Wilson's 
Hotel,  the  Treasurer's  Office,  the  Parliamentary  Library,  the 
Court  House,  etc.  In  1820  (Michaelmas  Term),  1  Geo.  4,  they 
decided  to  expend  £500  (=$2,000)  in  "erecting  a  building  for 
their  use  to  be  called  'Osgoode  Hall"*.  They  already  had  a 
plot  of  land,  but  were  not  satisfied  with  it,  and  were  negotiat- 
ing for  another  site.  May,  1828,  they  bought  the  present  site 
from  the  Attorney  General,  John  B.  Bobinson,  for  £1,000 
(=$4,000),  and  proceeded,  the  next  year,  to  erect  what  is  now 
the  East  Wing  of  Osgoode  Hall,  having  determined  to  spend 
about  £3,000  (=$12,000)  for  that  purpose. 

The  Hall  was  to  contain  not  onlv  a  convocation  room,  etc. 
for  the  Benchers,  but  also  rooms  for  the  Court  of  King's 
Bench  and  bed  rooms,  dining  room,  etc.  for  Barristers  and 
Stndents-at-Law.  Students  were  expected  to  keep  their  terms 
in  the  hall  about  to  be  built.  It  was  finished  in  1832.  The 
first  meeting  of  the  Benchers  in  it  was  held  Thursday,  Feb- 

>*This  rule  was  In  great  meunre  due  to  Dr.  Wllllim  Warren  Baldwin  for  that 
and  several  otber  years.  He  w«s  ao  Irisbman  from  near  Cork,  and  bad  graduated  In 
medicine  from  Edinburgh  UnlTeralty.  He  practised  for  a  time  In  his  native  land  but 
toward  the  end  of  the  IStb  century  emigrated  wltb  bis  father  to  Upper  Canada  in 
consequence  of  the  troublous  times  of  the  Rebellion  of  1798.  He  settled  In  Durban  coun- 
try (near  what  Is  now  BowmansTlUe),  and  for  a  short  time  practiced  medklna  there. 
He  then  came  to  Toi  snto  and  unsuccessfully  tried  school  teaching.  He  received  a 
license  to  pratlse  law  li;  1803  from  the  Hon.  Peter  Hunter,  the  Lieut-GoTemor,  under  the 
Act  of  that  year,  and  was  called  to  the  Bar  Easter  Term  43  Geo.  3.  He  became  a 
very  active  practitioner.  Bencher  in  1807  and  Treasurer  1811-1814 :  1824-1828.  He 
was  the  father  of  the  well-known  statesman,  Robert  Baldwin.  It  was  in  great 
measure  due  to  his  efforts  that  Osgoode  Hall  was  built. 


><Oalled  after  William  OsKoode  the  flrst  Chief  Justice  of  Upper  Canada.  On* 
historian  make  him  nn  illegitimate  son  of  George  III,  and  certainly  be  was  pertona 
grata  with  that  King.  After  being  Cbief  Justice  of  this  Province  1702-1794,  he 
became  Chief  Justice  of  Lower  Canada  1704-1801.  He  then  returned  to  England 
where  he  died  In  1824,  aged  70.     He  left  no  mark  on  our  jurisprudence. 

This  building,  erected  under  the  eye  of  Dr.  William  Warren  Baldwin,  was  what 
la  now  the  East  Wing,  "a  plain  matter-of-fact  wbite  btick  building  two  and  a  half 
stories  bigh."  The  west  wing  of  similar  character  was  be|)nin  In  1844  and  finished  in 
1846,  and  at  the  same  time  the  two  buildings  were  connected  by  a  building  sur- 
mounted by  a  dome.  In  1857-60  the  whole  was  renovated,  the  wings  faced  with  cut 
stone,  the  central  building  replaced  by  another  faced  in  the  same  way  but  witbout  a 
dome.  The  central  building  accommodated  the  Library  and  the  Courts  of  Queen's 
Bench  and  Common  Pleas :  the  West  Wing  the  Court  of  Chancery.  Part  of  the  East 
Wing  still  remains  the  property  of  the  Law  Society,  the  Law  School  being  built  to 
the  rear,  Tbe  remainder  of  the  building  is  now  the  property  of  the  province  by  deeds 
of  July  1,  1874  and  November  26,   1880. 

Tbe  East  Wing  was  somewhat  changed  Interiorly  about  20  yean  ago,  and 
the  Government  of  the  Pr.  vine  has  within  tbe  last  few  years  made  some  addi- 
tions and  changes  in  the  way  of  Court  Rooms,  Judges'  Chamlwrs,  etc. 

Those  acquainted  with  modem  Toronto  may  be  interested  to  know  that  Osgood* 
Hall  was  beyond  tbe  then  existing  limits  of  the  Town  of  York. 


.-^..-^..^-^^-^M^ 


47 

mary  6th  of  that  year  (Hilary  Term,  2  Wm.  4),  and  all  meet. 
iniTB  since  that  time  have  been  held  there. 
T   trdins  committee called^'TheCommitteeofCEconomy 
was  formed  February,  1833  (Hilary  Term,  3  Wm.  4  ,  and 
Tharged  with  "the  government,  management,  and  control  of 
the  Lonomical   household  and  domestic  arrangements   of 
Osgoode  Hall,"  and  their  regulations  are  still  extant  f    ,«.ng 
Sle  arrangements  made   for  the  accommodation  with 
"oms  bed  and  board  (including  wine  for  the  Banisters  only  • 
The  hkll  was  much  used  by  Barristers  from  out  of  town  dur- 
ing term  time  when  they  came  up  on  motions  before  the  Court, 

and  more  by  students.  <      j  o  ttr^, 

"^rthe  meantime,  July  2,  1831  (Trinity  term.  1  and  2  W 
2).  Convocation  took  away  the  necessity  o\\'''l'^'l^\^'Z 
h  8  master  of  the  fitness  of  the  candidate  and  for  the  first  tune 
tn  exam^nat  on  was  ordered  of  all  applying  for  admission  to 
the^oks  of  the  Society,  which  was  to  be  "upon  ful'  and  s  net 
exa^nation  in  open  convocation  by  the  Benchers  present"  as 
r"ab  t^r^^^^^^^^        and  education."    The  J-stio"s  on  the 
Tubjects  prescribed  in  1820  were  put  th^o'^f  ^^^  T'^r/^' 
or  such  of  the  Benchers  as  might  be  appointed.    A  candidate 
L  can  to  the  bar  was  examined  in  like  manner.    At  U^^am 
time  a  somewhat  curious  provision  was  made  that  all  mem 
bers  of  the  Society  who  had  not  taken  a  degree  m  it,  (i.  e    all 
Students-at-Law),  should  be  formed  into  classes  under  the 
Sdency  of  a  Barrister  for  the  reading  of  essays,  dispute- 
fion  of  Snts  of  law  either  in  the  shape  of  cases  or  of  ques- 
tions   discussion  of  questions  of  general,  constitutional  and 
tions,  ais*3ussioii         i     ^  ,  :„ations  on  standard  authors, 

t^'^^TLl^.tt  et  at  least  eight  times  per  year, 

^a^d  fr-eporToft^^^ee     .s  was  to  .^e  -t  \o  Jhe^^^^^^^^ 
nf  fhP  Law  Society.    Th  s  made  a  kind  of  btudents    oocieij 
anf  wa^  perC  intended  to  fill  the  place  of  the  Advocate 

'ttunTlslTiJTTrinity  Term,  2  and  3  Wm.  4),  a  class  to  be 
caSd  "The  Trinity  Class  of  Students  of  the  Lav  Society  of 
Upper  Canada,  "was  formed  to  meet  at  Osgoode  Hall  with 
much  the  same  objects  in  view." 
In  November  of  the  same  year  (Michaelmas  Term,  3  Wm. 


48 


i),  the  BtudentB  on  their  examination  for  admission  were 
divided  into  three  classes,  Junior  Class,  Senior  Class  and 
Optimes.  The  Junior  Class  to  be  examined  in  the  English 
and  Latin  languages,  in  mathematics  and  geography  or  his- 
tory; the  senior  class  in  the  English  and  Liitin  lanmages, 
geometry,  algebra,  moral  philosophy,  or  the  Greek  language, 
astronomy  and  history;  the  optimes  in  the  English,  Latin  and 
Greek  languages,  in  goemetry,  algebra,  moral  philosophy, 
metaphysics,  rhetoric  and  the  Belles  Lettres,  geography, 
astronony  and  history.  No  advantage  was  derived  from  the 
higher  standing  except  that  the  grade  was  stated  in  the  certi- 
ficate of  admission  granted  to  the  successful  student. 

The  examination  for  caU  was  "simUar  to  that  passed  on 
admission  and  moreover  •  •  •  in  the  principles  of  the 
Law  of  England,  in  the  science  of  special  pleading,  the  law 
of  evidence,  the  law  relating  to  trials  at  Nisi  Prius  and  the 
practice  of  the  courts." 

All  this  was  of  consequence  in  the  case  of  Barristers,  but 
Attorneys  continued  for  some  time  to  be  admitted  as  before. 
As  has  been  mentioned,  the  section  of  the  Act  of  1797  in 
which  three  yeara  on  the  books  of  the  Society  were  required, 
was  repealed  in  1822  by  2  Geo.  4,  c.  5,  s.  3,  so  that  thereafter 
the  I^w  Society  had  no  control  over  Articled  Clerks  as  such. 
Of  course  by  far  the  greater  number  of  Articled  Clerks  were 
also  Students-at-Law,  and  the  Society  had  control  over  them 
in  that  capacity;  but  no  examination  could  be  prescribed  for 
admission  as  attorney;  that  was  for  the  Courts— and  the 
Courts  prescribed  none. 

While  the  Law  Society  made  no  arrangements  for  the 
education  of  students,  it  should  be  mentioned  that  the  scheme 
for  a  Provincial  University  submitted  to  the  Governor  in  1826 
provided  for  a  Professor  of  Law  and  a  course  in  Civil  and 
Public  Law.  King's  College  was  opened  in  1843,  and  had  on 
iU  staff  a  Professor  of  Law.  In  1850  the  coUege  became  the 
University  of  Toronto,  and  the  lectures  in  law  continued  till. 
1853,  when  the  chair  was  abolished".    The  other  universities 


lancellor)    Ettea.     Or 


•ttenrarte 
'it.    Dnr- 

'; — ^^™w».^»   ^H«c»  wH«ht«^y    i^iuiFvr.   sod   Ifr. 

Blake  retlfntns  In  1848,  he  wai  niccMdad 


Se^QaWi^^"""*'""^'?'^''*-  <^-  °-'  w«i^"w"  S?ui?W;rt.Tto  WOi"  iSSSTS 


48 

had  and  have  Facultie.  of  Law,  but,  a.  in  the  present  syBtera 
•  ♦h«  U^vemty  of  Toronto  the  lectures  are  of  an  academic 
"atte.  Suuul^  Uw.  Federal  Law.  Roman  Law  and 

^^S'lectures  were  of  little  use  to  teach  a  lawyer  his  busi- 
Js  and  the  want  of  any  safeguar..  against  a  ^^-^J^^^^^J^^; 
Utler  being  ignorant  of  his  profession  was  a  -*  «r  of  on. 
mnn  concern.    As  a  legal  writer  p-ys  a  little  later  (I800),  1 

''"^E^stik^a^s^V^^^^^^^^       guarantee  of  fitness     A  young 
man  whose  only  qualification  for  enteving  the  study  of  the 
C  is  aX  to  read  and  write,  may  be  articled  to  an  Attornej-^ 
sp^nd  five  years  copying  and  serving  p.  <  .rs  or  idly  kicking 
his  heels  against  the  office  desk,  or  in  doing  the  dirty  work  o 
a  disreputable  practitioner.    At  the  end  of  that  tune,  armed 
tith  a  certificate  of  service,  he  claims  to  be  sworn  in  as  an 
!tto™ey  of  Her  Majesty's  Court,  and  is  sworn  in  accordingly. 
H  ma/lmow  nothi:.  whatever  of  professional  duties  may  in 
fact  be  grossly  illiterate  and  deficient  in  every  requiremen 
ha   woSd  enable  him  to  act  with  safety  and  advantage  for 
a  c  lent-  and  yet  the  law  entitles  him,  simply  on  proof  of 
enSe  i  Jrticles,  to  the  certificate  enabl^^jg  the  holder  to 
undertake  the  most  important  duties  of  an  Attorney^ 

\n  editorial  in  the  foUowinfj  year,  18.)6,  2  Can.  L.  J.,  u.  »., 
at1>  50,  aXr  pointing  out  the  precaution  taken  to  -cure -a 
learned  Bar  by  an  examination,  preliminary  and  final,  pro- 
ceeds- ''The  Attorney  is  subject  to  no  examination  what^ 
ever  preliminary  or  final.  The  Barrister  must  have  proved 
his  fitness,  the  fitness  of  the  attorney  is  presumed. 

The  Le^slature  at  length  gave  the  L-  S-iety  ^^^^^^^^ 
over  Attorneys  as  well  as  Barristers.   In  1857,  the  Vet  -0  \  ic 
resS)  required  the  Law  Society,  before  any  porson 
should  be  admitted  as  an  attorney  or  Solicitor  (tj-     -vt  of 
Crncery  had  been  instituted  in  1837  and  ^or^z^^^nm^^ 

and  practitioners  of  that  Court  ^^^''^f';^'^^^:^^. 
tne  Common  Law  Courts   were   styled      Sohoitois         rac 
ticallv  all  Attorneys  were  Solicitors  and  vice  versa),     to  ex 
amine  and  enquire  bv  such  ways  and  means  as  they  should 
S  proper  tLching  the  fitness  and  capacity  of  such  person 


•«rs; 


:'^lJ^-i':• 


50 


to  act  as  an  Attorney  or  Solicitor;"  and  then  and  not  otherwise 
the  Judges  might,  on  production  of  the  Law  Society's  Certifi- 
cate of  fitness,  admit  the  candidate  as  an  Attorney  and  Solic- 
itor ;  and  this  still  is  the  law. 

No  Court  can  hear  a  Barrister  who  has  not  been  called  by 
the  Society.  No  Court  can  admit  a  Solicitor  without  the  certi- 
ficate of  the  Society.  The  Society  is  the  sole  judge  of  the 
fitness  and  capacity  of  either,  and  the  legal  profession  is 
master  in  its  own  house. 

The  Statute  of  1857  required  Articles  of  Clerkship  to  be 
filed  in  the  office  of  the  Clerk  of  the  Crown  and  Pleas  within 
three  months  of  their  execution;  this  prevented  post-dating 
and  fraud.  Every  Articled  Clerk  was  required  to  attend  the 
sittings  of  the  Courts  at  Osgoode  Hall  during  at  least  two 
terms  under  rules  to  be  laid  down  by  the  Law  Society^*. 

In  August,  1859  (Tr.nity  Term,  23  Vic),  the  rules  were 
recast.  Students-at-Law  on  their  admission  were  classed: 
1 — University  Class;  2 — Senior  Class  and  3 — Junior  Class. 
The  first  class  were  graduates  of  a  British  University  and 
were  examined  on  one  or  more  of  the  following  books: 
Homer's  Iliad,  Book  1;  Lucian,  Charon,  Life  or  Dream  of 
Lucian  and  Timon;  Horace,  Odes;  Mathematics,  Euclid,  Bb. 
1,  2,  3,  4,  and  6,  or  Legendre's  Geometrie,  Bb.  1,  2,  3  and  4, 
Hind's  Algebra;  Metaphysics,  Walker's  or  Whately's  Logic, 
and  Locke  on  the  Human  Understanding;  Herschell's 
Astronomy;  Ancient  and  Modem  History.  For  the  Senior 
Class  the  books  and  subjects  named  for  the  University  Class. 
For  the  Junior  Class,  Horace,  Odes,  Bb.  1  and  3 ;  Mathematics, 
Euclid,  Bb.  1,  2  and  3,  or  Legendre's  Goemetrie  by  Davies, 
Bb.  1  and  3,  with  problems. 

An  applicant  who,  having  his  degree,  passed  the  examina- 
tion for  the  University  Class  could  be  called  in  three  years 
instead  of  five.  If  he  failed,  unless  rejected  in  toto,  he 
dropped  into  the  Junior  Class  as  was  the  case  with  an  appli- 
cant for  the  senior  class.  There  was  no  other  than  sentimental 
advantage  in  passing  for  the  senior  rather  than  the  junior 

I'Thls  legislation,  much  needed  and  very  valuable,  was  due  in  great  measure  to 
Bon  Robert  Baldwin,  Treasurer,  1847  and  1850-1858. 


51 

class ;  the  time  was  not  shortened  for  a  member  of  the  senior 
clais". 

Education  was  now  provided  for  all  those  proposing  to 
become  Barristers.  Every  Student-at-Law  was  obliged  to 
attend  for  four  terms  all  the  lectures  given  by  the  lecturers  of 
the  Society,  two  in  number,  in  Law  and  Equity  respectively **, 
who  were  also  examiners  for  call. 

On  the  examination  for  call,  there  were  two  classes,  "Call" 
simply,  and  "Call  with  Honors."  The  former  was  examined 
on  Blackstone's  Commentaries,  Bk.  1,  Addison  on  Contracts, 
Smith's  Mercantile  Law,  Williams  on  Beal  Property,  Story's 
Equity  Jurisprudence,  Stephen  on  Pleading,  Taylor  on  Evi- 
dence, Byles  on  Bills,  Public  Statutes  relating  to  Upper 
Canada,  Pleadings  and  other  books  and  subjects  as  the 
Benchers  or  Examiners  might  prescribe*®. 

By  this  time  the  use  of  Osgoode  Hall  as  a  boarding  house 
had  come  to  an  end,  but  still  Articled  Clerks  were  obliged 
by  Statute  to  keep  two  terms.  They  did  not  take  the  lectures 
as  Articled  Clerks,  but  as  Students-at-Law  if  they  were  such, 
just  as  Students-at-Law  as  such  were  no  longer  required  to 
keep  terms  as  such,  but  if  Articled  Clerks  they  must  keep  two 
terms  as  Articled  Clerks.  The  Student-at-Law  passed  a 
preliminary  examination,  the  Articled  Clerk  did  not. 
In  the  first  Parliament  of  the  Province  of  Ontario^",  by 
Statute  (1868),  31  Vic.  23,  it  was  provided  that  an  Attorney 
or  Solicitor  must  during  the  year  next  but  two  before  his  final 
examination  pass  an  examination  to  the  satisfaction  of  the 

I'AppllcantB  were  examined  tn  the  presence  of  a  standing  committee  of  the 
Benchcre.  hut  by  the  "Examiner  for  Matriculation."  Mr.  Hugh  N  Gwynne  B  A  (T 
C.  D.)  was  appointed  to  this  office  ;  he  had  been  from  1842  Secretary  Mid  Librarian.    ' 

D  v'VimJ"i^.?^"'^''  i^^h  ^^S.  t'^'PPorary  lecturers  appointed,  but  In  March  1858 
8.  H.  Strong  (afterwards  Hon.  Sir.  Henry  Strong.  Chief  Justice  of  Canada)  was  per- 
raanentLv  appointed  I^-cturer  In  Equity,  and  J.  T.  Anderson.  Esq.,  In  Law.  See  4 
Canada  Law  Journal  O.  S.  60.  Strong  was  one  of  the  ablest  equity  lawyers  Canada 
ever  produced.  On  the  permanent  establishment  of  the  Osgoode  Hall  Law  School  It 
d?nedthe  offer  ^""^  ^^  "°"'^  become  Its  first  principal,  but  he  finally  de- 

r..i..!'T''**v^"™'°'"°°''- '"'■„'"'"'''"'''"'  "*■  conducted  orally  by  the  "Examiner  for 
Call  In  the  presence  of  a  Committee  of  the  Benchers.  Those  for  Call  and  Certlfl- 
Kn«  "J",,'i'\'  '"k"'!.""'?,'"'!'.*/  the  supervision  of  the  "Kxiimlners  for  Call"  and  If 
60%  were  taken  by  the  Candidate  he  then  went  up  for  an  oral  examination  by  the 
Benchers  In  Convocation ;  If  50%  were  not  taken,  the  Candidate  failed  ""  "'  ^''" 

r.  o  o,  "iT'^AU""*  "•','■<'  '"'■■'y  ^"''-  EMiiples  may  be  seen  In  (1880),  6  Can.  L.  J. 
o.  B.  dl.  i8.  (Jften  a  large  percentage  of  those  examhied  were  refused  eertlfieatei. 
At  one  examination  as  many  as  14  out  of  22  candidates,  nearly  05%,  failed. 

I  '°Y''k^\  ^'"'  ^^."'^  ,'"■■  °*°3'  yo"  *■•«  Province  of  Upper  Canada  became  the  ProT- 
Ince  of  Ontario  July  1,  1867.  by  the  British  American  Act.  oecame  me  rroT 


52 

Law  Society  and  another  to  its  satisfaction  not  less  than  one 
year  thereafter. 

I  do  no*  stop  to  detail  what  was  done  under  this  Act  as  it 
merges  iuto  that  next  to  be  mentioned. 

The  state  of  affairs  was  improved  somewhat,  but  not  suflB- 
ciently.  In  1872  the  Law  Society's  petition  to  the  Legislature 
to  enable  them  to  extend  the  advantages  of  legal  education  was 
acceded  to,  and  a  new  Act  passed,  35  Vic.  c.  6.  That  enabled 
the  Society  to  require  that  all  Clerks  thereafter  to  be  articled 
should  pass  a  preliminary  examination,  and  that  their  term 
of  service  under  their  articles  should  not  run  until  they  had 
passed  this  examination.  The  Benchers  also  were  empowered 
to  make  rules  for  the  improvement  of  legal  education,  appoint 
readers  and  lecturers,  require  the  attendance  of  Articled 
Clerks  and  Students-at-Law  at  reading  and  lectures  and  an 
examination  thereon  as  a  prequisite  to  call  to  the  bar  or 
admission  as  an  attorney,  etc.*' 

The  Benchers  accordingly,  June  7,  1872,  laid  down  a  curri- 
culum for  the  preliminary  examination  of  the  Articled  Clerks ; 
Caesar's  Commentaiies,  Bb.  5  and  6;  Arithmetic;  Euclid  Bb. 
1,  2  and  3 ;  Outlines  of  Modern  Geography ;  History  of  Eng- 
land (W.  Douglas-Hamilton);  English  Grammar  and  Com- 
position; Elements  of  Bookkeeping.  The  Students-at-Law 
passed  an  examination  on  Horace,  Odes  Bk.  3;  Virgil's 
Aeneid,  Bk.  6;  Caesar's  Commentaries,  Bb.  5  and  6,  Cicero, 
Pro  Milone ;  Mathematics,  Arithmetic,  Euclid  Bb.  1,  2  and  3, 
Algebra  to  end  of  Quadratic  Equations;  English  History  (W. 
Douglas-Hamilton) ;  Outlines  of  Modern  Geography,  English 
Grammar  and  Composition.  It  will  be  seen  that  the  curricu- 
la have  much  in  common,  Caesar,  Arithmetic,  Euclid,  Geogra- 
phy, History  of  England,  English  Grammar  and  Composi- 
tion.     The  Student-at-Law  took  also  Horace,  Virgil,  Cicero, 

Mi-i".^'"''  ^'^*.. "■,"'..  P™™"!.^."!  by  the  Hjn  (afterwards  Sir)  Oliver  Mowat,  the  Prime 
Jllnlstpr,  who  had  been  a  Vice  Chanoellor  and  took  a  great  Interest  In  the  profession: 
but  the  matter  had  received  long  and  curetiil  consideration  bv  the  Benchers,  culmin- 
ating In  a  Report  by  the  eommlttee  on  Legal  Education.  December  8.  1871  i  Michael- 
mas Term  3..  Vic.)  The  thalrman  of  this  Committee  was  Thomas  Moss,  afterwarci 
Chief  Justice  of  Ontario  ;  and  the  Report  recommended  an  application  to  Parllame" 
Srol»    n  ?L     ???  .".*'  senerally  known   as  Blake's  Act  from   Its  author   Hon.    Edw     d 

P«.4;..?il°'t.^"?''''''',°.'u *'''.'*'''''■, V'^?.'"'''  <"  t'x'  """"^  0'  Commons  of  Canada  and 
afterwards  Member  of  the  Imperial  House  of  Commons.  He  was  long  a  Bencher 
and  for  some  years  Treasurer  of  the   Law   Society.  "<;u>.u<.r 


""trr-rrfmmr^ 


53 


Algebra;  the  Articled  Clerk,  bookkeeping".  There  was, 
however,  a  rule  that  no  one  admitted  as  a  student  at  law  need 
pass  a  preliminary  examination  as  an  Articled  Clerk.  Grad- 
uates in  Arts  of  a  British  University  were  not  subjected  to 
any  examination,  and  there  was  no  longer  to  be  any  division 
into  Senior  and  Junior  classes. 

A  Law  School  was  established  with  four  lecturers:  1— 
General  Jurisprudence,  2— Eeal  Property,  3— Commercial  and 
Criminal  Law  and  4— Equity;  but  attendance  on  the  lectures 
was  made  voluntary.  There  was  no  building,  the  lectures 
were  given  at  Osgoode  Hall  and  were  fairly  well  attended. 

Every  Student-at-Law  before  his  final  examination  for  Call 
was  required  to  pass  two  intermediate  examinations,  the  first 
in  his  third  year,  the  second  in  his  fourth.  These  corre- 
sponded to  the  two  examinat'c'i  i  prescribed  for  Articled 
Clerks  by  the  Statute  of  1868.  i'he  curriculum  prescribed  for 
each  was  the  same,  namely,  for  the  first  Intermediate,  Wil- 
liams' Real  Property,  Smith's  Manual  of  Equity,  Smith's 
Manual  of  Common  Law,  Act  respecting  the  Court  of  Chan- 
cery, Consolidated  Statutes  of  Upper  Canada,  chapters  12, 
42  and  44.  For  the  second  Intermediate,  Leith's  Blackstone-^ ; 
Greenwood  on  Conveyancing  (Chapters  on  Agreements,  Sales^ 
Purchases,  Leases,  Mortgages,  Wills),  Snell's  Treatise  on 
Equity,  Broom's  Common  Law,  Consolidated  Statutes  of 
Upper  Canada,  c,  8,  Statute  of  Canada,  29  Vic.  c.  28",  Insol- 
vent Act.  Four  scholarships  of  considerable  value  were  estab- 
lished, one  for  students  under  one  year's  standing,  one  for 
for  those  under  two,  one  for  those  under  three  and  one  for 
those  under  four.  The  curricula  were  for  the  first,  Stephen's 
Blackstone,  vol.  1;  Stephen  on  Pleading,  Williams  on  Per- 

"Tlie'e .  examinations  were  conducted  by  the  "Examiner  for  Matriculation"  Mr 
Gwynne,  before  a  Committee  of  Benchera  appointed  for  that  purpose  and  were  Dartlv 
ore  tenu:  I'apprs  wcr,.  pr;;paro<l  and  r-lnterf  in  (1)  Latin.  (2)  Mathematics;  (3)  HU. 
tory,  Geography.  EnglUh  Grammar  and  Composition.  If  the  candidate  did  not  oass 
a  satisfactory  written  examination  be  could  not  ofTer  himself  for  the  oral  am 
distinction  of  Senior  and  Junior  Class  was  abolished.  ''      ■*" 

"This  was  an  edition  of  that  part  of  Blackstone's  Commentaries  which  rolntna  to 
Eeal  Property.  The  Editor,  Mr.  Alexander  Lelth.  Q.  c.  was  "  very^  dlsttoenr«hpS 
Real  Property  lawyer  In  Toronto,  and  In  this  work  Be  Vare  ^  *law  as  SodSid  hv 
°?.rJ^''1''"  *°  as  to  adapt  Blackstone  to  the  clrcumsUnr.-  of  this  ft.0Tlnce^ 
othendse  of  course  Blackstone  would  be  very  misleading.  It  ^aa  alwava  iwSI  »h^ 
policy  of  the  Uw  Society  to  prescribe  OnUrlo  books  whin  po8c^."e.        ^     ^™   *"' 

•That  Is,  the  Statiitory  law  of  Property  and  Trusts  In  Upper  Canada  Rofnr.  >k. 
S.'-r.'n^tS't'otrptv^d  orcSSdi"""'"  '''  '«"'  '-  •^"t'ifr«''rter"Sf'Tc^i? 


54 


sonal  Property,  Griffith's  Institutes  of  Equity,  Consol.  Stat. 
U.  C,  cc.  12,  4S.  For  the  second,  Williams  on  Eeal  Property, 
Best  on  Evidence,  Smith  on  Contracts,  Snell's  Treatise  on 
Equity,  the  Eegistry  Aet*=.  For  the  third,  Eeal  Property, 
Statutes  relating  to  Ontario,  Stephen's  Blackstc  ,  Book  V, 
Byles  on  Bills,  Broom's  Legal  Maxims,  Story's  Equity  Juris- 
prudence, Fisher  oi  Mortgages,  vols.  1  and  2,  chapters  10, 11 
and  12.  For  the  fo  th,  Smith's  Eeal  and  Personal  Property, 
Eussell  on  Crimes,  Common  Law  Pleading  and  Practice, 
Benjamin  on  Sales,  Dart  on  Vendors  and  Purchasers,  Lewis's 
Equity  Pleading,  Equity  Pleading  and  Practice  of  this  Prov- 
ince. 

The  Articled  Clerk  had  a  final  Examination  on  Leith's 
Blackstone^*^,  Watkins  on  Conveyancing,  Ninth  Edition, 
Smith's  Mercantile  Law,  Story's  Equity  Jurisprudence,  Leake 
on  Contracts,  The  Statute  Law,  The  Pleading  and  Practice  of 
the  Courts.  The  Student-at-Law  if  he  did  not  go  in  for 
honors,  Blackstone,  Volume  1,  Leake  on  Contracts,  Watkins 
on  Conveyancing,  Story's  Equity  Jurisprudence,  Stephen  on 
Pleading,  Lewis's  Equity  Pleading,  Dart  on  Vendor  and  Pur- 
chaser, Taylor  on  Evidence,  Byles  on  Bills,  The  Statute  Law, 
The  Pleading  and  Practice  of  the  Courts ;  and  if  he  desired 
Honors,  also  Eussell  on  Crimes,  Broom's  Legal  Maxims, 
Lindley  on  Partnership,  Fisher  on  Mortgages,  Benjamin  on 
Sales,  Jarman  on  Wills,  Von  Savigny's  Private  International 
Law  (Guthrie's  Edition),  Maine's  Ancient  Law.  All  final 
candidates  might  be  and  not  infrequently  were  examined  also 
on  the  Intermediate  subjects. 

The  Law  School  thus  established  began  its  career  in  October, 
18732",  and  ver>   many  students  availed  themselves  of  the 

'^'''»  '8.  the  Statutory  provision  as  to  Registration  of  Titles  to  Heal  Estate. 

"The  Staff  was  composed  of  Alexander  Lelth,  President  and  Lecturer  In  R-*! 
Property:  James  Bethune,  Lecturer  In  General  Jurisprudence;  Z?biil5?  A  Lash  Le^ 
liuh  '^.^^"S"'"'?,' i,*""  Common  Li.w,  and  CharlerMoss,  Lecturer  In  Equity.  uV 
Lelth  was  the  well-known  Real  Estate  Lawyer,  editor  of  Blackstone,  vol  2  Mr 
Bethune  became  one  of  the  most  prominent  men  at  the  Bar,  a  member  of  the'  LeSs- 
lature,  whose  too  early  death  was  much  lamented.  Mr.  Lash  (now  K  C  »  wm 
afterward  Deputy  Minister  of  Justice  of  the  Dominion,  hut  returned  to  actlVe  nS? 

"''*  fnV.ViL£?°",s7*^x?*''-n  II'-  «"»«  «•«*  afterwards  Chief  Ju"l?e  of  Ontario. 

In  December.  1874.  Mr.  Bethune  res  gned  and  was  succeeded  bv  wllll«m  Mnin^w 
(LOW    Sir   William   Mulock.    Chief  Justice   o.    the    Ei?heqSer    DlW.lonK  """°  """"* 

In  May  1876  (Trinity  Term),  the  term  of  engagement  for  Lecturers  was  made 
«nnn.*„f  r;.„?'*\.?'"lr''""'  ^"'"^  ''••'PectlTely.  and  they  were  made  Inef "ibl^  fo?  re* 
appointment.  Mr.  .Mo»s  wa»  elected  for  one  year  and  m,idc  President  lecturlnK  on 
Common  aiid  Comuorclal  Law;  Mr.  Mulock  for  two,  lecturing  on  Equity:  Mr  5ota 
S.  Ewart  (now  K.  i  .  for  three  years,  ecturlng  on  Real  Pronertv  iinrt  T  ri  n„i.™.T; 
(afterwards  K  C.  now  deceased),  for  four  years  lecturlngo'k  Criminal  Law  Md  lIw 
of  Torts.  After  the  abolition  of  the  Law  School,  Mr.  Ewart  for  some  time  rave  ^ 
weekly  lecture  on  Chancery  practice  and  Mr.  Delamere  on  Common  Uw  Practlre 


56 


opportunities  thus  given  for  a  legal  education.  Students  who 
would  otherwise  have  served  their  term  in  the  country  were 
attracted  to  Toronto.  It  became  a  matter  of  complaint  of  the 
country  practitioners  that  they  were  deprived  of  their  clerks — 
particularly  so  as  the  term  of  service  was  reduced  by  attend- 
ance on  lectures  and  passing  the  law  school  examinations.  A 
student  could  reduce  his  term  by  from  six  to  eighteen  months 
by  this  means.  One  requires  no  imagination  to  concei^'e  the 
very  great  inducement  this  was  to  a  capable  and  ambitious 
student. 

Finally  by  a  vote  of  8  to  4,  Convocation  determined,  Novem- 
ber 24,  1877,  Michaelmas  Torm,  to  abolish  thf  Law  School 
from  and  after  the  last  day  of  the  succeeding  Tlaster  Term, 
June,  1878. 

This  step  was  the  subject  of  much  discussion  in  the  profes- 
sion and  in  the  press,  legal  and  lay.  All  kinds  of  opinion 
were  expressed  as  to  the  means,  but  most  agreed  as  to  the 
propriety  of  some  form  of  education  being  provided  for.  It 
hau  been  proposed  that  the  Law  School  should  be  aiSliated 
with  the  University  of  Toronto,  but  that  course  had  not  recom- 
mended itself  to  Convocation ;  a  law  college  was  suggested  by 
some.  In  May,  1881,  tho  formation  of  associations  like  the 
Osgoode  Legal  and  Literary  Society  throvj^nut  the  Province 
was  recommended,  with  a  sufficient  number  of  students  to 
ensure  a  good  attendance  and  of  Barristers  disposed  to  deliver 
lectures.  It  was  recognized  that  the  Law  Society  would  not 
create  or  riirect  these  societies,  but  could  only  recommend. 
Some  such  were  formed,  but  did  not  last  long  nor  were  they 
very  useful  while  thej  did  last. 

Petitions  came  in  from  students  in  large  numbers;  and  in 
Miehaf^'nas  Term  of  1881,  the  Society  re-established  the  law 
School  iwr  a  period  of  two  years  to  begin  December  12,  1881. 
with  four  lectures  the  senior  of  whom  was  to  be  chairman, 
attendance  still  to  be  voluntary^'.  In  view  of  the  many  peti- 
tions for  the  re-establishment  of  the  school,  the  attendance 


"The  Lecturers  appolDted  were  Thomas  Hodglns,  Q.  C.  (afterwards  Mnster-In- 
Ordinary  of  the  Supreme  Court  of  Judicature  for  Ontario),  Chnlrman  and  U'cturer  on 
Constitutional  I-aw,  etc.  Thomas  D.  Delamerc,  already  mentioned,  who  h'ctured  on 
Pleading  and  Practice,  Joseph  E.  McDougall  (afterwards  Q.  C.  and  Judge  of  the 
County  Court  of  the  County  of  York)  and  B.  Doaglas  Armo--  (afterwards  K.  C), 
author  of  seTeral  works  on  Real  Property. 


56 

was  very  disappointing,  but  it  was  decided  to  try  the  experi- 
ment till  the  end  of  the  two-year  term. 

In  June,  1883,  the  school  was  continued  tUl  the  early  Easter 
Term,  1884«».  A  proposition  to  establish  law  schools  out- 
e:de  of  Toronto  failed.  In  Easter  Term,  1884,  the  school  was 
continued  until  the  last  day  of  Easter  Term,  1886.  In  1887 
the  project  of  estabUshing  a  teaching  faculty  in  the  University 
of  Torcuto  was  taken  up  by  a  committee  of  the  Benchers  with 
the  Senate  of  the  University,  and  an  elaborate  scheme  was 
drawn  up.  This  was  vigorously  criticised  not  only  in  convo- 
cation, but  out  of  it,  especially  by  those  interested  in  other 
umversities^"*.  The  committee  was  reappointed  with  addi- 
tional members  and  directed  to  take  the  question  up  with  all 
the  universities  in  the  Province;  they  did  so,  but  in  the  long 
run  without  success'". 

January  4, 1889,  it  was  decided  "to  continue  and  reorganize 
the  school  and  to  appoint  a  President",  who  should  have 
supervision  and  general  direction  of  the  school,"  not  less  than 
two  lecturers  and  two  examiners— the  lecturers  theretofore 
having  been  also  examine.  .  Attendance  was  made  com- 
pulsory for  the  first  time.  All  Students-at-Law  and  Articled 
Uerks  were  required  to  take  the  second  and  third  years  of 
the  school  course.  If  they  resided  in  Toronto  during  the  last 
three  years  they  must  attend  the  full  three  years'  course  A 
small  fee  was  imposed,  by  no  means  enough  to  pay  for  the 
support  of  the  school. 
^^Lectures  had  been  given  in  Osgoode  Hall,  but  for  a  long 

see  o7e-crcfr  aV^p^Eni'3''JJ°a  ^'a.»u.^e  f  tn^^'er  V"  .^^.f^^  "»  ''- 
ton^^^lLt^UTa^^^*  ^"-  ^-  '•  "••   »•   "  PP-  393-397;  another  wIU  be 

tem»  In  vogue.  He  did  »o,  and  reported  Sent  1  ^Ssq»°°/J''^  ^'",  ^'"«>'  »y»- 
School  was  formally  opened,  October  7  1  RSO%;«r.i?*®'  *"  ConTocatlon,  and  the 
Armour;  the  Examiners  w?re  Mr  P.  li  D?2yton  (afte'^n?.  IfSi^^^I?.  M«"h  and 
*"■•  wh^-  ^H""!^   (afterwarda  Pill^  liSgS?ate    T«mto)        ''"'  ■*^'*'t"t°'->  "d 

and  Aytoun-Flnlay  and  ifalcolm  Cameron/^litoln  ***""   ^-   "'•    '^oMph 


57 

time  the  proposition  had  been  under  '"•nsideration  to  erect 
a  building  especially  for  a  Law  School.  Tenders  had  been 
obtained  as  early  as  December,  1880,  but  the  matter  dragged. 
It  was  taken  up  in  earnest  in  the  fall  of  1889,  plans  were 
obtained  and  building  proceeded  with  in  1891  and  was  ready 
in  1892. 

The  society  in  1889  dropped  their  preliminary  examination, 
the  last  to  be  Hilary  Term,  1890.  Thereafter  the  examina- 
tion of  the  University  was  accepted  instead,  and  now  a  degree 
of  Arts  or  Law  of  a  British  University  or  Graduation  Diploma 
of  the  Royal  Military  College,  the  examination  of  a  university 
on  prescribed  subjects,  or  a  matriculation  certificate,  a  certifi- 
cate of  the  further  examination  at  tne  R.  M.  C.  is  sufficient,  and 
one  of  them  is  required. 

I  shall  not  trace  the  trifling  changes  which  have  been  made 
in  the  curriculum  of  the  Law  School;  but  here  set  out  the 
present'*. 

SUBJECTS  OF  STUDY. 

ni. 

FIBST  YEAB. 
OENEBAL  JUBISFBUDENCE. 

Holland's  Elements  of  Jurisprudence. 

CONTBACTS. 

Anson  on  Contracts. 

BEAL  PEOPERTY. 

Williams  on  Real  Property,  except  Parts  III  and  VII. 
The  Land  Titles  Act. 


COMMON  LAW, 

Odger's  Common  Law. 


»Tbe  present  Staff  Is  as  follows: 

PACHLTT. 

Prtnrtpol :— Newman   Wrlebt  iloyles,  B.  A.,  LL.  D..  K.  C. 

l,icturer»: — John  King,  M.  A.,  K.  C,  John  Delatre  FalconbrldKe,  M.  A.,  LL.  B., 
John  Shirley  uennlson,  K.  C,  Samuel  Hugh  Bradford,  B.  A.,  K.  C. 

Demotutratora : — Christopher  Charles  Boblnson,  B.  A. ;  Harold  William  Alexander 
Foster,   LL.   B. 

Exatninert : — Archibald  Douglas  Armour.  M.  A.  Senior  Examiner,  Nell  Douglas 
McLean,  B.  A.,  Patrick  Kerwln,  Oeorge  Franklin  McFarlane,  LL.  B.,  Jo  .in  Alexander 
fioule,  LL.  B. 


&8 

OONSTITUTIONAIi  H18T0BT  AKD  LAW. 

Bourinot'8  Manual  of  the  Constitutional  History  of 
Canada.  Todd's  Parliamentary  Government  in  the  Brit- 
ish Colomes  (second  edition  1894).  The  following 
portions,  viz : 

Chapter  2,  pages  25  to  63  inclusive. 
Chapter  3,  pages  73  to  83  inclusive. 
Chapter  4,  pages  107  to  128  inclusive. 
Chapter  5,  pages  155  to  184  inclusive. 
Chapter  6,  pages  200  to  208  inclusive. 
Chapter  7,  pages  209  to  246  inclusive. 
Chapter  8,  pages  247  to  300  inclusive. 
Chapter  9  pages  301  to  312  inclusive. 

EQUITY. 

Maitland's  Lectures  in  Equity. 

PBAOnCE  AND  PBOCEDUBB. 

Judicature  Act  and  Eules  of  Practice. 

STATUTE  LAW. 

Such  Acts  and  parts  of  Acts  as  shall  be  prescribed  by 
the  Prmcipal.  ' 

SECOND  YEAB. 
CBIMIIIAL  LAW. 

The  Criminal  Statutes  of  Canada. 

BEAL  PBOPEBTY. 

Kerr's  Student's  Blackstone,  Book  2.    Armour's  Real 
irroperty. 

PERSONAL  PBOPEBTY. 

Williams  on  Personal  Property. 

CONTBACTS. 

Pollock  on  Contracts. 

Rawlins  on  Specific  Performance. 

Pollock  on  Partnership. 

TOBTS. 

Underbill  on  Torts. 

EQITY. 

H.  A.  Smith's  Principals  of  Equity. 
Underbill  on  Trusts. 

EVTOENOE. 

Powell  on  Evidence. 


50 


CONSTITUTIONAL.  LAW. 

Lefroy'8  Canada's  Federal  System. 

PBACTICB  AND  PBOCEDTTKE.  .      .    ,.   x- 

Statutes,  Rules  and  Orders  relating  to  the  jurisdiction, 
pleadings,  practice  and  procedure  of  the  Supreme  Court 
of  Canada,  the  Exchequer  Court  and  the  Courts  of 
Ontario. 

BTATUTB  LAW.  ,     ,,   ,  u   A  \.„ 

Such  Acts  and  parts  of  Acts  as  shall  be  prescribed  by 
the  Principal. 

EQUITY.  ^  . 

Underbill  on  Trusts,  1914-15,  De  Colyar  on  Guarantees. 
Bell  and  Dunn  on  Mortgages,    1915-16,    De  Colyar  on 
Guarantees. 

TOETS. 

Pollock  on  Torts. 

Smith  on  Negligence,  2nd  edition. 

EVIDENCB. 

Best  on  Evidence. 

COMMBBCIAL  LAW. 

Chalmers  on  Sales. 

Maclaren  on  Bills,  Notes  and  Cheques. 

PETVATE  INTERNATIONAL  LAW. 

Foote's  Private  International  Jurisprudence. 

CONSTBUCTION   AND  OPERATION   OP  STATUTES. 

Hardcastle's  Construction  and  Effects  of  Statutory  Law. 

PRACTICE  AND  PROCEDTJBE. 

Statutes,  Eules  and  Orders  relating  to  the  jurisdiction, 
pleadings,  practice  and  procedure  of  the  Supreme  Court 
of  Canada,  the  Exchequer  Court  and  the  Courts  of 
Ontario. 

COMPANY  LAW. 

The  Ontario  Companies  Act  and  Amendments.  The 
Companies  Act,  E.  S.  C.  Chap.  79,  and  amendments.  The 
Winding-up  Act,  E.  S.  C.  Ch'ip.  144,  and  amendments. 
Palmer's  Company  Law. 

MUNICIPAL  LAW. 

The  Municipal  Act. 


■TATUTB  LAW. 

llSj^i"  "'  ^''^  of  Act.  aa  .haU  be  prescribed  by  the 

ilh^wT^  *^*  examination  of  all  the  years,  students  are 
subject  to  be  examined  upon  the  matter  of  ^L/ec'urL  o? 

.cri  J°pS."  ""•""■'■"^  ^'''="°'  >•  l^'  «•«*  for  Z^,r. 

tlrl  ''*""? '«'«-««  "'  tte  Law  School  for  a,ree  vear, 
<-To  pas,  Uie  prescribed  oxamiMlioM.  ""»  J^'*"- 
»— io  pay  the  prescribed  fees. 

others  for  ^-^^^^t  t^^  ^^^ 

since  1881,  all  members  of  that  brS  of  ?>.         ^'"^.''^  "«" 
now  called  solicitor'^  *^®  profession  are 


L«t  me  tmbnlate. 

BABHISTIBS. 


,„»»«'«'  "f".  "till  continue      ^'  "*  '■fqufrement,  %"««£;  IJlilT*  '*"" 

1818     Examination  for  admlwlon  tn  .h.  a     .     •""  eontlmw*       '  «PecI«l   cum, 

j^fore  ,he  Beachera.       ■'•'°'""'»'  »<•  «"«  Soc.et,  on  one  STlcero'a  orations,  etc..  b*. 


1825     Examination  on  Latin  Proiu.  m„A 
m«H'™'.  ^'"'"'"-  aod   In   the°Mathe^ 

In  Conrt    "      °""'*   ***"   '"'"  Term. 

"^aesf"""*^  ""^  '"'  «>>«»«Te  pur- 

"nall^"    **P"'*"y    one    "t    Oagood. 
188T 


any  tfaie.        «""»«««!  nqnlred  at 


"E^----M--«. 


61 

It  will  be  seen  that  the  Legislature  has  ultimately  placed 
in  the  handd  of  the  profession  not  only  the  regulation  but 
also  the  education  of  practitioners  of  all  kinds.  This  has 
proved  so  beneficial  that  the  like  provisions  have  been  ex- 
tended to  the  professions  of  Medicine,  Dentistry,  Pharmacy 
(the  Medical  Council  indeed  does  not  educate  owing  to  the  ex- 
istence of  our  efficient  established  Medical  Colleges).  There 
is  no  fear  of  the  standard  being  debased;  no  advantage  is  de- 
rived by  the  profession  from  graduation  of  a  large  class,  i.  e. 
the  admission  of  a  great  number  to  the  Bar  who  will  be  com- 
petitors of  those  already  practising,  and  any  attempt  to  make 
the  standard  too  high  would  be  restrained  by  a  wholesome 
regard  for  public  opinion.  It  must  however  be  said  that 
though  it  has  twice  happened  in  the  history  of  the  Province 
(in  1794  and  1804),  that  the  Legislature  thought  there  were 
not  enough  lawyers,  it  is  hard  to  conceive  of  our  community 
(or  perhaps  any  other)  ever  thinking  that  again. 

It  will  be  seen  that  we  ha.e  tried  all  the  methods  of  educa- 
tion that  can  be  suggested.  We  have  had  the  student  left  to 
the  teaching  of  a  master,  for  long  the  method  in  England. 
We  have  had  the  students  directed  to  band  themselves  to- 
gether in  Classes  for  mutual  benefit  and  with  lectures  from 
Barristers.  We  have  obliged  them  to  attend  terms  of  Court. 
We  have  tried  to  make  satisfactory  arrangements  with  the 
Universities.  All  these  have  proved  wholly  insufficient,  and 
in  the  loug  run  the  lawyers  of  Ontario  have  put  their  hands 
into  their  own  pocketp,  ei  ed  a  Law  School  building,  en- 
gaged and  paid  lecturers  and  examiners  and  have  determined 
to  educate  the  young  men  to  become  competitors  of  them- 
selves; and  this  they  did  for  a  long  time  at  an  annual  loss 
of  a  considerable  amount.  That  I  think  can  fairly  be  called 
altruism  if  it  is  also  esprit  de  corps. 

We  should  have  been  much  better  satisfied  if  the  Universi- 
ties or  one  of  them  had  established  a  real  and  practical  Fac- 
ulty of  Law  with  a  curriculum  satisfactory  to  us;  but  we 
should  always  ha"e  insisted  on  conducting  the  examinations 
for  Call  and  Admission  ourselves  just  as  is  done  in  Medicine, 


^l:^-^^^^£  ^ "— '"  "*  ■"  .pp.-. 

moned  to  attend  the  hearing  of  evfdeTe^e  1?'  "  '""■ 

.boul  4%  „e  ta  that  cat  "T.  "™"' '°  P""""'"  "^  ""h^ 
never  b4„"alled  At  „„.V  .."  T""  P'^-'-se  have 
req«i.urs\e     uifferearf  r  ,1    ?  \""^^'<^  "d  pre- 

mcommon;  but  aow  the  ™rl''^  ^       ■*  ""  °°'  -""a'"--.!  or 

i.  ma,  be  cinfldea  fy  e'pTtSttaTt^i  wmK'  "'  'f  °"''  "'' 
mon.    The  Artiplo^ni    f  •         "^  ^'"  ^^  ^^'^n  less  com- 

_____lhe  Articled  Clerk  serving  in  the  office  of  a  solicitor 

to  the*  usual  co8?Sm;  of^i  lVSo™°"'^'^V°'*»""  1«  o'  «  WMllar '™t '?°''"'  ""  • 
In   the  (fay  when   clo"h   b««  io^'"*""'  ^'o'"'"  °'  «*uff  *^'  "*"''  '"'«<* 

other  Kridc  arfo?  «  corpo«Wr»I""'  <"  <jfcorumToV  one"?  ?i«v Hh. °;;™'"°."'"'y 


63 


it  at  the  same  time  attending  the  Chambers  of  the  Barrister. 
This  apparent  anomaly  is  only  apparent  and  not  real. 
Jnst  as  in  the  sister  profession  of  medicine  practically  every 
one  on  this  continent  is  educated  in  both  medicine  and  sur- 
gery, and  many  become  not  only  M.  D.  but  also  V.  M.;  they 
are  both  physicians  and  surgeons  and  all  have  the  same  cur- 
riculum and  examination.  This  is  not  so  in  England.  The 
Royal  College  of  Physicians  and  the  Royal  College  of  Sur- 
geons are  not  the  same ;  just  as  there  the  Barrister  is  not  a 
Solicitor  or  the  Solicitor  a  Barrister. 

Nevertheless  it  is  recognized  on  this  Continent  as  well  that 
tho  office  of  tlio  Surji'eoii  is  not  the  same  as  that  of  th«'  Physi- 
cian although  the  dividing  line  may  often  be  uncertain.    And 
so,  no  matter  what  the  name,  the  officp  of  the  Solicitor  is  not 
the  same  as  that  of  the  Barrister,  although  the  dividing  line  is 
often  uncertain.    In  Ontario  many  doctors  devote  themselves 
mainly  or  wholly  to  surgery  and  do  not  meddle  with  uiediciiie 
although  wholly  qualified  and  licensed  as  Physicians  and  so 
some  Lawyers  devote  themselves  mainly  or  wholly  to  "Coun- 
sel Work"  the  function  of  the  Barrister.    This  has  been  found 
to  be  of  very  great  advantage  as  he  who  devotes  himself  to 
surgery  acquires  a  skill  and  d<xtc'rity  to  which  the  ordinary 
"General  Practitioner"  cannot  attain,  so  he  who  devotes  him- 
self to  conducting  cases  in  Trial  and  Appellate  Courts  attains 
skill  and  dexterity  beyond  that  of  the  ordinary  lawjer.  This  is 
of  as  much  advantage  to  the  litigant  as  that  to  the  patient; 
and  of  as  much  advantage  to  the  Solicitor  whose  client  has 
been  taken  in  hand  by  the  Counsel,  as  that  of  the  general 
practitioner  whose  patient  has  been  taken  in  hand  by  the 
Specialist.    It  must  not  be  forgotten  that  a  trial  is  a  "major 
operation"  desiderating  skill  and  experience  at  the  best  of 
times  and  with  the  best  of  judges. 

As  a  consequence,  while  practically  every  lawy.^r  is  licensed 
to  conduct  his  own  cases  at  the  trial  and  in  appeal,  in  a 
large  percentage  of  cases  one  of  those  who  are  known  to  de- 
vote themselves  largely  to  Counsel  work  is  employed  on  those 
occasions.  Generally  the  solicitor  himself  will  take  ]iart  as 
Junior  Counsel  in  his  capacity  as  Barrister.    There  iS  noth- 


64 

ing  in  the  way  of  esprit  de  corps,  custom,  public  opinion  etc 
toprevent  the  solicitor  taking  his  own  brief-andTany  do 
80-any  more  than  a  physician  is  prevented  from  operating 
on  his  own  patient-and  many  do  operating 

In  some  cases  the  client  himself  insists  on  counsel  hpini, 
employed,  just  as  some  patients  and  their  friends  ini-vT^ 
a  specialist  surgeon.    The  only  objeclrrev^r  hSrd  to  thi^ 

Client.  The  very  expression  of  such  a  fear  indicates  an  extra 
ordinarily  low  state  of  morals  in  the  profession  where  snl  a 
fear  can  be  more  than  the  merest  musion      ZJ  \ 

would  steal  a  client  would  steal  a  shfeplfTsuited^fs  p^^iot^ 
and  there  is  m  our  system  about  as  little  ehancp  nf  til' 
cue  as  of  the  other.  I  have  never  heard  .otuch  as  s^^ 
gested  that  any  Counsel  ever  stole  a  client  and  ll^t  thint 
that  such  a  thing  could  ever  take  place. 

himse/Tf^hP  ^r'""'  ''  ''"*  ''  ^""°««^  ^y  tb«  -licitor 

;£tr^S:^=2^^^-ri^^tr^- 

IS  being  done  with  or  for  his  client     Th.  „r  ^""^y^^^^S  that 

Ve  find  an  -n  /t  t      '^'^"«t^'»^  ^«r  logical  consistency;  if 

won]?/!.  t  because  it  seems  anomalous  in  theorv     We 

would  never  think  of  applying  to  the  Legislature  to  mike  le 


65 

distinction  if  none  existed  but  we  find  it  come  down  to  us 
from  the  past  as  an  existing  institution  and  we  find  it  does  no 
harm,  and  accordingly  we  retain  it. 

But  whatever  the  form,  there  must  always  be  in  fact  a 
marked  distinction  in  function.  There  must  always  be  in 
fact  abilities,  acquirements  which  tend  to  enhance  proficiency 
in  one  or  the  other  capacity,  and  often  the  acquirements  or 
abilities  most  useful  in  one  are  not  so  but  perhaps  rather  the 
reverse  in  the  other.  On  that  I  need  not  enlarge,  but  content 
myself  with  saying  that  nothing  but  good  can  be  the  result  of 
a  specialization  as  Counsel  of  a  sufficient  number  of  lawyers 
whose  talents  lie  in  that  direction,  and  the  liberal  employment 
of  these  by  practitioners  less  well  qualified  in  that  regard. 

In  conclusion  permit  me  to  say  how  glad  I  am  to  meet  the 
Society,  to  wish  it  a  long,  prosperous  and  useful  career  and 
to  add  that  I  shall  most  giudly  do  all  that  is  in  my  power  to 
further  its  objects  and  enhance  its  usefulness. 


William  Renwick  RmnEix. 


